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Colloquy

Q. In the Pocket Books? A. Yes, it is.

Q. Along with the novels of Pocket Books?

A. Yes.

Q. And right next to it is the section put out by Dell, is that not so? A. Opposite.

(335) Q. Opposite. A. No, no, it is.

Q. Right next to it? A. Right next to it, yes.

Q. And there the Dell Publications appear, is that right? A. Right.

Q. And then there's another section, I suppose for Bantam? A. Bantam, Signet and so on.

Mr. Wallace: No further questions.

The Court: All right. Thank you very much for your appearance.

(Witness excused.)

The Court: Well, could I see counsel a minute?

(Conference at the bench between the Court and both counsel off the record.)

Mr. Wallace: Your Honor, I am prepared to stipulate that the authoress June O'Shea, of the book The Girl From "Peyton Place," through her agent, requested that she *** be referred to as author June L. O'Shea and that she was not so referred to on the cover and was referred to as (336) June L. O'Shea in the copyright notice appearing in the book; and that the order of the authors, s appears on the front, was reversed as appears on he copyright notice so that June L. O'Shea's name preedes George Metalious.

The Court: All right. So stipulated.

Mr. Wallace: And your Honor, I rest. But before bing so, I make a motion to strike the testimony of rs. Ross.

The Court: I deny the motion.

Mr. Wallace: I now rest, your Honor.

Mr. Camche: Will you stipulate that the completed und books, The Girl From "Peyton Place" did not

Plaintiffs' Exhibit 4C

come into the house until October 28-I'm sorry-October 27, 1965? Off the record.

(Discussion off the record.)

Mr. Wallace: Based upon the correspondence which my friend, Mr. Camche, has shown me, I would stipulate that the bound volumes of The Girl From "Peyton Place" were available for distribution somewhere after October 15, 1965 and on or before October 27, 1965.

Mr. Camche: Agreed.

(337) The Court: Very well. Thank you. Both sides rest?

Mr. Camche: Yes, your Honor.

The Court: Both sides rest.

Mr. Wallace: I wish to renew my motion that was made at the end of the plaintiff's case, your Honor. The Court: All right. I will reserve disposition.

Plaintiffs' Exhibit 4C.

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New York Supreme Court

Appellate Division-Second Department.

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